I took a prospect out to showing with a co-worker. We went to 6 different properties that day, most were still occupied. The following day one of the houses we showed (which was vacant but seller claimed that they had a computer in there still) was burglarized. The listing agent called me up and said I was the last one to show the house and the back sliding door was not locked. As much as I remember from the showing, my prospect did not go out that door so I didn't notice whether it was locked or not. I had to cooperate with the police to help them investigate the problem. It has been about 2 months already and I didn't hear anything else regarding the problem and now the owner of that property sent my office a letter claiming that they had a new flat screen computer and other electronic devices that have been stolen from that incidence and ask me and my company reimburse them for the loss. They sent no proof of the losses and I don't even know if the prospect I showed the house to was actually the one who committed the crime. Even if my prospect was the one, am I responsible for their losses? My broker gave me the letter-it seems that he wants me to deal with the problem myself and he doesn't want to get involved. What can I do about this problem? Thanks to all! Any advice will help!

Nice broker....After 17 years, I have never had something go missing until just recently a client of mine has called that her diamond rings are missing from a tylenol bottle in the medicine cabinet. She's not sure when it went missing but she says its during the listing. I'm skeptical but told her to call the police.

As for your case. I would decline. They would have to prove you responsible for the loss. It is unlikely they would be able to investigate every agent who showed the property thoroughly and may be shaking more than just you down if you know what I mean. They should be insured. Our listing contract requires they carry "adequate" insurance.

The bottom line is even if your client did take the property or not they still have to prove your neglience. My legal advice sucks so talk to a lawyer but send them a nice letter and inform your E&O provider they may have some paperwork they want you to provide.

btw...start looking for a new broker...This is what they should have discussed with you.

If you didn't do it and you have no proof your buyer did it, then stand firm. Don't get wishy-washy. The burden of proof is on them.

....When it all blows over you can sell it on e-bay

Can we say home owners insurance? Your finger prints should be on record with the state when you applied for your license. If they were on the door, the police would have said something.

Personally I would just ignore it. Assuming you're innocent and they did not catch you on camera stealing the property or purposely leavinga door unlocked then they don't have a case. They need to be talking with the police and their insurance carrier.

You're not guilty of anything until a court says so. Hell, they could just be trying to get a free computer and there maybe was no theft to begin with.

First of all, fire your broker.
There are people all over who will resort to anything to get some money, and I would guess this is what it is all about.

GET ANOTHER BROKER!!!!!!!, Then sell the flat screen!

I'll start the bidding for the flat screen at $50!

I would send them a letter saying "Let the police do their job"

A friend of mine works for the criminal fraud department in atlanta.He goes out listens to there stories he can actually tell by there body language and there eye movement if they are lying or hiding facts about something.You can control what your mouth says but your body movements and eyes move without you knowing it.One of the hottest scams right now is someone steals your credit card then has merchandise that is ordered off the net delivered to a vacant house usualyy fedex or ups will knock and just leave it there.Then the perp will come and pick up the package when the fraud crime unit traces it to the empty house it becomes a cold lead.Usually the guy that stealing lives in another house on the street or down the block.

One time he told this lady who reported her checks were stolen that if you are lying i will take you to jail she said she wasn't.There were a few checks written at a gas station 3 counties away for over 600.00 anything over 500 is a felony in ga.He went to the gas station 3 counties away watched the survellience and sure enough she cam in there and wrote the checks herself,he then arrested her and put her in jail.

Sounds like this seller is trying to get a free ride and will be prosecuted by there insurance company for making fraudulent claims.

My friend recently became promoted and now does business fraud of 250k and over.

The broker "is" involved whether he likes it or not.

You took the prospect out with a co-worker. I would think that would provide sufficient support for your statements. Has the co-worker gone on record with the police and your broker as supporting your recollection?

It's my understanding that the broker is responsible for the actions of their agents, so like it or not your broker is involved and should be helping you get legal advice as well as consulting with the Errors & Omissions insurance carrier.

Sorry you had to go through this. It must be very upsetting.

In America we're innocent until proven guilty. Don't forget that about our wonderful country.

If the police want to bring charges (highly unlikely given the facts) or the sellers want to sue (they'll be paying a lawyer upfront for a tough case to sell to the jury and they know it), well, then you might have to make some tough choices but for now you've done nothing wrong.

Anyone can write a letter demanding anything. Enforcement is another story.

Have you fired the broker yet...$75 for the flat screen and I'll pay $5 more than the highest bidder...lol

$80 bucks for the flat screen and i'll pay $5 bucks to the other two bidders to go away quietly. :p

Thanks for all the input!! I thought at first I should get the problem resolved but then on second thoughts I said why even bother. I know they would need proof of things being stolen and also proof that the police have actually identified the offender and that offender has to do with me. Like JFlynn said, I would be "innocent until proven guilty" - and I know I don't have to worry about it since I don't even have the knowledge of who might have done it. And no, I haven't fired that broker of mine yet but I will be VERY soon. I'm the biggest source of income for him in that company but I don't get treated right. It's a shame to say but it's true!

85 bucks for a flat screen computer is too cheap to sell. But going once,...going twice... I'll sell the flat screen from Goodwill, will that work?

It seems since two months have passed that the homeowner couldn't get the police or their insurance company to cooperate. I'd interprete that as my 'get out of jail free card.'

I had a listing with a client who left his back door unlocked. He felt no need to lock it. He felt safe. I told him to lock it, keep it locked, and had him sign a statement that I advised him that I would not be responsible...under any circumstances -- locked or unlocked. He kept it locked.

Looks like multiple offers on the flat screen.

REA, Isn't this BB great! It's so good to bounce things off of other agents.